if you forget to do the cinnamon and sugar rim until after you poured the glass. there is no going back. no hope. you can't add the rim once there is liquor in the glass. then to be particularly thanksgivingy, you have two choices -- one, add champagne. the other is not to add champagne. they're both wonderful. add fresh cranberries as your garnish. do not eat the garnish. cheers. now time for "the last word with lawrence o'donnell." bye, have a great night. >> remember when mitt romney said corporations are people. well, now the supreme court is going to decide if corporations are religious people. >> breaking news from the supreme court. >> very important question headed to the supreme court. >> does a corporation, does a company have religious freedom? >> asht lawsuit from hobby lob stores. >> health care law's requirement, that employers

offer free birth control coverage. >> the affordable care act, violates liberties. >> the question is hobby lobby a person. >> corporations are people, my friend. >> the line by mitt romney. >> essentially the question. >> can a for profit business deny birth control or coverage for that matter. >> this was anner to debated through 2012. >> let's talk about the birth control fight. >> it means you are a slut, right? >> girls put it between their netz. it wasn't that costly. >> how far will this go? >> this will set a dangerous precedent. >> personify corporations. >> corporations are people, my friend. >> that's essentially the question here. >> the supreme court has never decided before. >> breaking news from the supreme court. the supreme court announced to day that it will hear two cases that challenge the affordable care act's

contraception mandate on the basis that it violates the company any religious beliefs. that's right, the company any religious beliefs. the mandate requires companies with 50 or more workers to provide health insurance policies with birth control coverage for women. en one cain one case the tenth t ruled hobby lobby did not have to follow the mandate based on the supreme court's citizens united decision arguing that a corporation's first amendment protections extend to religious liberties. but in the second case, the third circuit court ruled against a cabinetry company owned by a mennonite family deciding religious liberties do not apply to for-profit corporations. in a statement today, the white house said, said, as a general matter our policy is designed to ensure that health care decisions are made between a woman and her doctor. the president believes that no one including the government or for profit corporations should be able to deictate decisions t

women. house speaker john boehner said the administration mandate is an attack on religious freedom and hopeful it will be released by the court. joining me for an exclusive interview, cecile richard president of planned parenthood action fund. aaron carmone, national reporter, julian epstein, democratic strategist and former chief strategist for the house committee. what do you see at stake here in the cases going to the supreme court? >> obviously what its at stake is ability of women to access birth control from their, for their insurance companies. and what is really i think perplexing for women, the fact that one, we are debating birth control its the most comb nmonl prescribed medicine. 99% of women use it in their lifetime. for women this is not a religious issue. a health care issue. and it is an economic issue. for many women, the cost of birth control is a huge, huge

barrier. and if you are making minimum wage at a craft store, $600 for birth control is, a serious issue. >> aaron carmone, details of the cases as i understand it. the companies are not objecting to birth control pills or birth control that is used prior to sexual intercourse. what they're concerned about is -- morning-after pills and any action taken after the fact. >> there is a range. within the two the supreme court took. there are not any catholic cases. of the 43 for profit, have tried to claim they have liberty being violated object to all forms of birth control. important to note this is a pro nound foundy -- profoundly. >> hold it to cases in front of the supreme court. >> when the supreme court rules it will resolve all the cases. what is at stack here, profou

profoundly unscientific view of birth control. the idea is that birth control. they also actually object to the iud, put in before sexual intercourse. they believe that anything that might potentially dislodge a fertilized egg whether there is any proof of that happening counts as abortion. so they would use the word abortion, doctors use birth control. progressives note when they say abortion, they're saying birth control. >> julian epstein, what are the legal dimensions of this as it approaches the court? what do you expect the case to turn on? >> there is two analysis, essentially. the first question whether a corporation has a free exercise right, under the first amendment. and, this is a little bit of a messy case. and it is, i think very different from the citizens united case where the supreme court held that corporations have a free speech right. and recognized as individuals. here for the purpose. here, you are talking about a corporation having a -- a free

exercise of religious right, religion right, seems to be a different animal. furthermore you are talking about the court's ability to express their own free exercise of religion. in the free speech case, you could have a corporation wanting to spend unlimited amounts of money because it doesn't like a particular regulation. here you are talking about a corporation having, some kind of -- incoate religious view it can put on employees. the case will have a tough time under the first amendment. if it goes down under the first amendment. the plaintiffs could make the case under an act passed in 1993, to give individuals a little bit more rights than were enumerated in the constitution when it comes to free exercise. they sccould make the case. even there, it will be a difficult case for the supreme courtargue.

>> listen to what the president of hobby lobby said about this. >> so, did you all -- did you all as a family get together pray on it and say, lord this is our business, and we can lose it? but we dedicate it to you. and we know where you would stand on this? is that how you did it? >> i would look to say there was a lot of prayer. there wasn't. we did come together. my brother's house. and -- and we had -- my parents. me, my brother, sister. all my kids were there. everybody got to share. and then when it was all over. basically said -- it was pretty much unanimous. we know what we can do. it's not like you need to pray about it do you do what's wrong. that was somewhat obvious. and you naturally said, you know, we don't know what we are going to do. but we do know what we won't dupe. we won't take life. >> cecile richard.

what is your rinse to thesponse? >> just incredible. everyone is entitled to their religious views, certainly. this law has exempt,s for places of worship. the question here is really whether a corporation and, and owner of a corporation, for-profit corporation can impose their own religious views on their employees. this is a company that employs thousand across the country, who man of whom, i am sure rely on birth ironically, not only for preventing unintended pregnancy. many rely on birth control pills for a host of medical reasons. this really would be ground breaking for the supreme court to find that a private, for profit, employer can make personal medical decisions for women, rather than letting women make their own decisions with their doctors. >> what is your reaction to the president of hobby lobby saying the stance they're taking is, these are his words, we won't take life? >> again, as cecile says.

he is entitled to his beliefs. in terms of the science it is not substantiated in fact. emergency skon tcontraception ps ovulation. the morning after pill is not abortion. again the question is, should the greens' religious beliefs be imposed upon their employees. if you are a low-wage employee thinking about your decisions about birth control. the difference between reproductive freedom and repro dock tiff ju reproductive justice. women are making choice as but their future. the idea that a corporation has religious liberty, liberty dictated by the bauls oss is profoundly radical. >> a 1990 case that justice scalia commented on that seems as though it could be relevant here. it was a case where the supreme court found that oregon, in this case, could deny unemployment benefits to people who were

fired for consuming peyote as part of a religious tradition. the drug being illegal in the state. these are scalia's word from the opinion. scalia wreote to permit this would make professed doctrines of religious belief superior to the law of the land and in effect to permit every citizen -- to become a law unto himself. it will be interesting, will it not, julian to see, how scalia manages that past quote of his? >> scalia had interesting company in that case. and there, the idea was that you can't simply use a -- a professed religious belief to get, exempt yourself from laws. so i think -- conservatives will find themselves in an interesting position. congress passed a law. religious freedom restoration act. and the question now is, not only -- the question is not only

whether any of these provisions, protections apply to a corporation to begin with. but whether the statute that was passed, in 1993 would apply to a corporation. i think the answer to that is probably going to be no. because -- for a variety of reasons. one is congress certainly wasn't passing a law in 1993, expecting that there would be any religious free exercise right on the part of a corporation. clear in the legislative history. second leap tly the law was lim apply to federal laws and not state laws. in this case, a pretty strong are g argument the affordable care act, superseded the 1993 statute. third if you think of how absurd this is. if we were to have a federal statute that said anytime somebody wants to state that they have a religious belief, reason not to comply with the law, affordable care act or something else. you would have just enormous amount of abuse in the country.

you can have companies, coming up, and individuals coming up with reasons. i don't want to come mrip with this or that law. because i have some religious belief. hard to imagine any one will interpret end of the day this congress passed statute in 1993, in such a way as to say that companies don't have to -- provide health insurance. i just think it will be a stretch end of the day. >> cecile richard, if justice scalia remains consistent, it may be that the supreme court solidifies this territory in a way that is very, very helpful to the affordable care act. >> i think they should. look, affordable care act, really leveled the playing field for women in so many ways. not just in the first control benefi benefit. all women now or under insurance plans. insurance companies can't charge women more. no more gender rating with insurance plans. the first time women can't be denied, health insurance

coverage. they have pre-existing conditions. the birth control is part of a bigger package. this is getting equity in health care coverage for women. long time coming. long time overdue. women and men in the country, support this ben fefit. >> thank you, cecile richard. julian carmone. read erin carmone's reporting on the lastword.msnbc.com. in a major victory for governing sanity, the obama administration is beginning to follow the advice of this program and -- and rewrite the irs rule on 501 c 4 organizations so that they will no longer be abused as vehicles for political campaigning. and, in the rewrite tonight, a christian school has threatened to expel this 12-year-old girl

because the the school authorities don't like her hair style. now when you look at a picture -- of jesus christ's hair -- the answer to the question what would jesus do seems kind of obvious. and later, france, france, has pick a fight with my neighborhood. that's right, the french government has decided to specifically attack dorchester in writing. you have me and mike wahlburg to deal with, france. dorchester will be defended tonight by me and a couple of my dorchester buddies. retirement plan. i started part-time, now i'm a manager. my employer matches my charitable giving. really. i get bonuses even working part-time. where i work, over 400 people are promoted every day. healthcare starting under $40 a month. i got education benefits. i work at walmart.

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a new poll shows americans support the six-month deal struck between the united states and five other countries with iran. that monitors iran's nuclear program. by a 2-1 margin, according to

roll iter reuters, 44% support the interim deal. 22% oppose it. if the iran deal, fails. 49% want the united states to increase sanctions. while 31% want the u.s. to pursue further di policemplomac. only 20% want the u.s. military to use force against iran. the poll did not ask those brave 20%, the iraq war mongers, who among them would be willing to volunteer to fight in that war that they themselves so support. up next, ezra klein and the latest on the affordable care act. ...as though he had never . the end.

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>> we're going to continue to make progress on all the fronts and yes, continue to implement the health care law. prolt du the product is good. people want it. we should not live in a country where people are going bankrupt because they get sick. and any bed wbody who is going p on pushing against that they will meet my resistance. i am welling to fix ailling to problems there are. i will not abandon people because they do not have health insurance. >> joining me now, policy analyst, "washington post" columnist. the president was out here in los angeles today, speaking in, very positive tones, about the affordable care act which is easy tire duier to do here in c where they have more success to report. >> california has been one of the bright spots in the nation.

and a bright spot for the law. one in eight american. if you can make it work there in a state with that many people, that many uninsured, a very diverse population. it shows that the underlying law can be made to work pretty much anywhere, as long as you make the digital architecture, sort of serves as the foundation for the entire thing, functional for people who want to soon ign up. >> let's listen to what kathleen sebelius said about the digital architecture. >> we are definitely on track to have a significantly different user experience by the end of this month. that was our commitment. and our experience. we have added hardware. we added software. we are continuing to work on the parts of the website that were too confusing to people. and -- well beyond december 1st, those improvements will continue. i would urge -- you and your -- folks on the ground, to not

hesitate to recommend that people go to healthcare.gov and get signed up. that experience is currently working much better and it will continue to work much better. >> that is the key? >> that is the key. what she said is important. i have been tough on affordable care. quite broken since the beginning. digital architecture was flawed when it emerged. i think fundamentally. folks eventually, the obama administration knew that. they stopped. this was a really important change in the rhetoric they put their communications plan on hold. their whole big outreach effort. and they did not recommend people go. they were very careful for quite some time. they were not freeing to get people to go to the website. if they did they would get frustrate and not come back. kathleen sebelius was saying that in a call to statewide,

local officials. it is evident and correct. the obama administration believes the website has improved. that at this point if they can drum up interest for people who go and fry try to sign up. it is in good shape. for the most part. they can turn the interest into real enrollment. that will go through and get correct eligibility determination. after they get that determination they will buy insurance. insurer will get the correct information about person that just signed up. i thin thsk there a lot of reas to believe the website is improving at a rapid clip. i think it may have turned a significant corner over the last week, week and a half. some of the fixes that have been made. some of what you are seeing there, the obama administration is confident that is the case. >> the, the president today -- talked about -- his own, his, his perception like yours, that the rollout was a serious problem. and he, he does acknowledge that -- before he shifts into

trying to tell the positives ha there. a basic credibility point, ezra. seems impossible for the president to go out there. talking about this now. without acknowledging the strug they'strug -- the struggle they have been through. on a managerial level. president obama said as the ceo of the federal government, of the largest corporation on earth some times. he was angry. did not know. not informed by his staff. many staff didn't know. he went out and promised to people. this would work. he fulfill their expectations. he was personally frustrated when it didn't function. he felt that he had betrayed people, that supported him. he felt he betrayed the people he made promises to. part of that its a human feeling on his part. this did not go well.

he had to own up to that. and anger and frustration in the white house how to fix the website. in the future, reforming i.t. procureme procurement. this doesn't happen again. they needed to take responsibility and be upfront about the fact that the website did not work. this law was very, very bad. at some point, too, they need to tell the story. i think they're getting to a point to do so. they fix some of the most severe problems. and that ultimately, the law is going to be functional. going to be smooth enrollment process. ayou are seeing in places like california is going to work. >> ezra klein, thank you very much for joining me tonight. >> thank you. >> remember that whole, exclusively versus primarily thing, that the law on 501-c-4s, how they have to be for the promotion of social welfare, law in the regulation, the irs, 50 years ago, changed thaw to primarily.

the irs is now finally on the case. the treasury department has been taking notes apparently. and they are going to work to fedex that. they will fix that and issue a new new regulation on it. that's next. ♪ ♪ no two people have the same financial goals. pnc works with you to understand yours

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if you have been anywhere near a news source today, you know tonight the internal revenue service is officially out of control. and that all of washington is

scandalized by the out of control irs. >> this was the targeting of the president's political enemies effectively. and lies about it during the election year. >> for 54 years. the irs has got any way with the crime -- changing the word exclusively to primarily. >> my question is who is going to jail over the scandal. >> that change from exclusively to primarily allowed political organizations to buy political advertising. >> as mr. lawrence o'donnell, as the the crew group, citizens, for responsibility and ethics in washington has pointed out in a petition. you are to be denied -- this status if you are not exclusively engaged in social welfare. >> party organizations are not operated exclusively for the promotion of social welfare. >> what has carl ever done to

improve the social welfare of the united states. they are primarily and many of them exclusively for the promotion of republican political candidates. >> clearly a mac truck is being driven through the loophole. >> the real scandal is what the irs did in 1959 when it changed the meaning of the english language. >> do you know why treasury changed it from exclusive to primary? >> i do not. >> you do not. >> the irs decided tax-exempt status could be granted even if an organization was not exclusively for the promotion of social welfare. but simply primarily for the promotion of social welfare. >> what we are asking the court to do is to instruct the irs.

>> the ambiguity is a problem. >> that is truly scandalous. >> we are going to have to make sure the laws are clear. >> today, on day 197 of the fake irs scandal, the treasury department announced that it will clarify the regulation of political activity of tax-exempt social welfare organizations. joining me is the former head of the irs exempt organizations division. and back with us julian epstein, the former minority staff director. of the house government. were you majority or minority when you were there? >> i was majority of the government oversight and minority chief count sell at the ythe -- minority chief counsel at the judiciary.

>> they were indicating the promotion of social welfare does not include candidate related political activity -- marcus, that's where they're beginning. but they're inviting comment from all interested parties. tell us how this process will work. this is the treasury department speaking too in conjunction with the irs. they will get comments from the variety of groups. it is mrit cam campai the league of women's voters, distributes, voters guide before the elections. their impact were unintended or at least not clearly thought through. a lot of comment. the treasury department will sift through the comments. they have to be submitted by the

end january. there may be a public -- hearing. and itch tf the normal regulati process is allowed to work. final regulations will emerge in a couple years. >> julian epstein is set in stone. but what the treasury clearly indicates, they want to move toward claire frity and try to certainly what they call candidate related political activity out of 501 c 4s. >> some what out of it. they should put a footnote out of this program. this program. it is a significant move. it clarifies what has been lacking in clarity for the last 50 years.

the scan daudal was never a sca. groups on the left and right. were targeted. under shifting criteria. who qualifies for the tax status and who doesn't. what the rules are frying tryin here. what the rule change is trying to do here. clarify, what is kconsidered political activity. what isn't. a lot of groups, they run an ad to a campaign. lauren o'donnell is running for congress. isn't lawrence o'donnell a wonderful guy. he passed this important law. they claim the kind of thing is not a political ad. not saying, vote for lawrence o'donnell. the problem you pointed out, lawrence. as important as the the changes are. the rules still allow for somebody getting this special tax status to spend 49% of their

time on -- on what is political activity. so i can still run that ad, saying, lawrence o'donnell is a great guy. if he is running for congress. that kind of activity, just canncan constitute 51% of the time. it is not going as far as you have said we need to go, far, as which is to comply with the letter -- of the statute. that's it. a major improvement. >> it is open for comment. and i will of course be commenting. for the next several weeks. ha-ha. >> no doubt. >> that we should simply be enforcing the law as written which says -- exclusively. marcus owens, that issue that julian was talking about. which is the interpretation not by the irs, or by the government, or simply by, what we call the practitioner community. the accounts out there advising people over the years. the practice became, the public practice became, we believe that

primarily means 51% of your activity and 49% of your activity can be political. one of the thing the treasury says they want to find a way of quantifying is that. they, they want to issue their own ruling for the first time on exactly how much of political activity is acce acceptable. the next item up in the way of guidance. it is not addressed. in these particular regulations. but they do -- ask for comments on future guidance. that's one of the items. >> and, julienne, that -- there is that second stage to it. what you're talking about. in the meantime, julienne, what do you expect the political reaction to this situation will be. and will we have the karl rove, 501 c 4s, will karl rove in that world all start screaming abut this.

saying this is unfair. you are fryitrying to shut us d. if they do. what they're arguing against is enforcement of the law as written. >> i think that's absolutely correct. the same way that this tape party targeting scandal was a phony scandal as revealed on the show. it was initiated. by a republican staffer in the cincinnati office. and there was never any obama administration involvement what so ever. i think you will hear this same dishonest characterization of the motivation to make this change. there are two things to keep in mind there. the first thing is -- all of the groups like the karl rove groups who are complaining that this is some effort to suppress their political activity. the 501 c 4 gives organizations like karl roves, the cloak of

secrecy. they like dark money. they want big contributors. the millions of dollars. have contributors never, never identified. i think you will hear the claim this is an effort to suppress speech by conservatives. the rules will obviously be equally aplayplied to whatever t of the political spectrum. important, the reason karl rove and others want to be able to take advantage of the law is they want to hide their donors. that's what this its about. doesn't change any political activity. doesn't affect political expression. there is other tax status options for all of the organizations. on the left and right. what it means, organizations like karl rove's and others won't be able to keep the donors secret. >> marcus, julius, thank you both for joining me tonight. >> thank you. >> you are welcome. thank you. >> coming of in the a rewrite -- a christian school threat tuned

e -- threatened to expel this honor student. they thought her hair was a distraction. other kids in the school have been teasing the girl about her hair. the school solution was not to try to stop the teasing, but to change her hair. and tonight, after we sought comment from the school today, the school is wisely backing down. (vo) you are a business pro. maestro of project management. baron of the build-out. you need a permit... to be this awesome. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price.

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>> in tonight's rewrite, hair. christian hair. what would jesus christ think of this girl's hair, vanessa vandyke, 12 years old, holding her certificate of membership to the national honor society. a student at faith christian academy in orlando, florida. and she is in trouble tonight with school authorities because of her hair. because of an interview, the school wants vanessa to cut or straighten or shape her hair or be expelled.

it's puffy. i like it that way. people will tease me about it. it is not straight. i don't fit in. >> wkmg's story went viral today. and the school is on the defensive. the school gave a staement teme the local tv station saying we are not asking her to put product in her hair or cut her hair, we are asking her to style her within the guidelines according to the school handbook. that handbook says, quote, hair must be a natural color and must not be a distraction. here is vanessa's mother's reaction to that rule. >> you can have a kid come in with pimples on his face. are you going to call that a distraction? >> the school refused to respond to an of our inquiries today. according to wkmg, the only hair

styles actually prohibited by the school handbook are -- mohawks, shaved signs, rattails, et cetera. that's from the handbook. now, this is the perfect time for me to show you the, the exactly one photograph in existence of my mohawk. taken when i was a senior in high school. this isn't about me. this is about a certifiably very smart 12-year-old girl and her beautiful hair. with pressure mounting on the school, they announce tonight, that vanessa will not be expelled for her hair. so congratulations to faith christian academy for rewriting their threat to expel vanessa. christian school hair enforcers everywhere should all read what the miami new times had to say about this. no official word on how god feels about this christian

school threatening to kick vandyke out over her hair, but sources confirm that god did indeed give vandyke her curly hair in the first place. sources further state that jesus himself wasn't much of a fan of haircuts. [ male announcer ] 'tis the season of more. more shopping. more dining out. more traveling. and along with it, more identity theft. every time you pull out your credit card, shop online, or hit the road, you give thieves a chance to ruin your holiday. you can't be on the lookout 24/7. but lifelock can. protecting your identity, your bank accounts, even the equity in your home. when lifelock detects a threat to your identity within their network, they'll alert you by text, phone, or e-mail, protecting you before the damage can be done. act now and we'll protect you 60 days risk free.

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>> court documents released in the domestic abuse case of george zimmerman, show that police found five guns and more than 100 round of ammunition in the home zimmerman shared with his girlfriend. police say they found a 12 gauge shotgun, an ar 15 assault rifle, and three handguns. before he was arrested on november 18th, on charges of assaulting his girlfriend. zimmerman could legally own those guns. but the terms of his bail now

prohibit gun possession. up next -- france, i know you have no reason to be afraid of me. no one does. we know that. but mark wahlberg, do you really want to fool with mark wahlberg. think about that. i will be right back and tell you why you shouldn't fool with him. it'shnotksilver cash back card from capital one. it's not the "limit the cash i earn every month" card.

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>> last week the french foreign ministry published advice for french citizens, traveling to the united states. it included such invaluable tourist information, on all coasts, sea bathing can be dangerous, strong currents, sharks, giant sting rays. if you see a shark, the best attitude is to keep calm and move away slowly. but, the very first item in the eight pages of advice to french tourists is to stay away from my neighborhood. my old neighborhood, which is mark wahlberg. when i grew up, the first warning to kids. and it says foot traffic and at night should be avoided in the neighborhood of dorchester, and

roc rocksbury. that bothered kids growing up there right now. when they read about it in the "boston globe." and some of the students and the french teacher, at the public school in dorchester, wrote a letter to the french counsel in boston and hand delivered it this morning. [ indiscernible ] specifically we are asking that after your visit you will request that french foreign ministry apologize and retract its disparaging character zaigs zaigs -- characterization.

in the interest of full disclosu disclosure, haley, as you know i am not just from dorchester on the board of the academy one of the great schools in boston. i love the work you are doing there. the first warning they had for french tourists is, they stay away from dorchester? >> it was really frustrating. when i first read the editorial in the globe. i was very angry. unfortunately it was a friday, i wasn't going to be able to see the students until monday. saturday morning. i woke up really early. and invited him to come and visit. almost all of our students are from the region and these communities are places where people live just look anywhere else. so, on monday when i showed the,

the editorial to students. they were very hurt and very frustrated. and to invite the counsel to come and meet us. the students wrote a letter to their french buddies who came and visited, visited us, in dorchester last year. we're really trying how to put as much pressure as we can, on the french government to take down these warnings. and also -- to, to realize that what we have been trying to do is build connections. through, through hosting students in boston. and dorchester through going to france. and also visiting, neighborhood that are similar to dorchester in france. so the tourist experience is connected to the real life experiences of people in places as opposed to just the landmarks. >> erica you, live in dorchester. if the french counsel were to come out in his limousine --

what would you want to show him? i would want to show him my school. it is not in dorchester, it is in codman square. such a good school. the staff, the students are nice. we have a lot to offer. other places would be like haley house. dorchester not as batd as they portray it. >> the jfk library is in dorchester. haley your french class is in the second church in dorchester,

100-year-old, how old is the church? when was it built? >> i am not sure when. i may know where you are going. >> john adams was a frequenter of the church. it's been around for a while. >> yeah, really exciting for us to have the historical sites. i'm sorry. >> i think we have pictures of the codman academy students. who traveled to france. when you want to france with them. you brought them into the neighborhoods it sound like -- the french ministry would have advised people not to visit in france. absolutely as part of the trip, we spoke about this before -- this was two years ago when we did our first trip to france. where -- we talked about the fact that when many tourists visit boston. they don't come to dorchester. i asked them how it made them

feel. and it was really a moment where sometimes people realize. people aren't going to come to door chester. we made a point of going to places that are similar to dorchester in good evening from new york. i'm chris hayes. the supreme court will be hearing a new challenge to the affordable care act